JOURNAL OF THE

1454

T121.14 SEPTEMBER 27

T121.14 SUBPOENA

The SPEAKER pro tempore, Mr.

EVERETT, laid before the House a

communication, which was read as follows:

HOUSE OF REPRESENTATIVES,

CHIEF ADMINISTRATIVE OFFICER,

Washington, DC, September 22, 1995.

Re: Searcy et al. and U.S., ex rel. Bortner v.

Philips Electronics, et al.

Hon. NEWT GINGRICH,

Speaker, House of Representatives

Washington, DC.

DEAR MR. SPEAKER: This is to formally notify you pursuant to Rule L (50) of the Rules

of the House that my Office has been served

with a subpoena issued by the United States

District Court for the District of Columbia.

After consultation with the General Counsel, I have determined that compliance with

the subpoena is consistent with the privileges and precedents of the House.

Sincerely,

SCOT M. FAULKNER,

Chief Administrative Officer.

T121.15 TEAMWORK FOR EMPLOYERS AND

MANAGERS

The SPEAKER pro tempore, Mr.

EVERETT, pursuant to House Resolution 226 and rule XXIII, declared the

House resolved into the Committee of

the Whole House on the state of the

Union for the consideration of the bill

(H.R. 743) to amend the National Labor

Relations Act to allow labor management cooperative efforts that improve

economic competitiveness in the

United States to continue to thrive,

and for other purposes.

The SPEAKER pro tempore, Mr.

EVERETT, by unanimous consent, designated Mr. KOLBE as Chairman of the

Committee of the Whole; and after

some time spent therein,

After some further time,

T121.16 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment in

the nature of a substitute submitted by

Mr. SAWYER:

Strike all after the enacting clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Teamwork

for Employees and Managers Act of 1995’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the escalating demands of global competition have compelled an increasing number of employers in the United States to

make dramatic changes in workplace and

employer-employee relationships;

(2) such changes involve an enhanced role

for the employee in workplace decisionmaking, often referred to as ‘‘Employee Involvement’’, which has taken many forms,

including self-managed work teams, qualityof-worklife, quality circles, and joint labormanagement committees;

(3) Employee Involvement programs, which

operate successfully in both unionized settings, have been established by over 80 percent of the largest employers in the United

States and exist in an estimated 30,000 workplaces;

(4) in addition to enhancing the productivity and competitiveness of businesses in

the United States, Employee Involvement

programs have had a positive impact on the

lives of such employees, better enabling

them to each their potential in the workforce;

(5) recognizing that foreign competitors

have successfully utilized Employee Involvement techniques, the Congress has consistently joined business, labor and academic

leaders in encouraging and recognizing successful Employee Involvement programs in

the workplace through such incentives as

the Malcolm Baldrige National Quality

Award;

(6) most employers who have instituted legitimate Employee Involvement programs

have done so in order to enhance efficiency

and quality rather than to interfere with the

rights guaranteed to employees by the National Labor Relations Act; and

(7) the prohibition of the National Labor

Relations Act against employer domination

or interference with the formation or administration of a labor organization has produced some uncertainty and apprehension

among employers regarding the continued

development of Employee Involvement programs.

(b) PURPOSES.—The purpose of this Act is—

(1) to protect legitimate Employee Involvement programs against governmental interference;

(2) to preserve existing protections against

deceptive, coercive employer practices; and

(3) to promote the enhanced competitiveness of American business by providing for

the continued development of legitimate

Employee Involvement programs.

SEC. 3. EMPLOYER EXCEPTION.

Section 8(a)(2) of the National Labor Relations Act is amended by striking the semicolon and inserting the following:

‘‘: Provided further, That it shall not constitute or be evidence of an unfair labor

practice under this paragraph for an employer to establish, assist, maintain, or participate in—

‘‘(i) a method of work organization based

upon employee-managed work units, notwithstanding the fact that such work units

may hold periodic meetings in which all employees assigned to the unit discuss and, subject to agreement with the exclusive bargaining representative, if any, decide upon

conditions of work within the work unit;

‘‘(ii) a method of work organization based

upon supervisor-managed work units, notwithstanding the fact that such work units

may hold periodic meetings of all employees

and supervisors assigned to the unit to discuss the unit’s work responsibilities and in

the course of such meetings on occasion discuss conditions of work within the work

unit; or

‘‘(iii) committees created to recommend or

to decide upon means of improving the design, quality, or method of producing, distributing, or selling the employer’s product

of service, notwithstanding the fact that

such committees on isolated occasions, in

considering design quality, or production

issues, may discuss directly related issues

concerning conditions of work: Provided further, That the preceding proviso shall not

apply if—

‘‘(A) a labor organization is the representative of such employees as provided in section

9(a);

‘‘(B) the employer creates or alters the

work unit or committee during organizational activity among the employer’s employees or discourages employees from exercising their rights under section 7 of the Act;

‘‘(C) the employer interferes with, restrains, or coerces any employee because of

the employee’s participation in or refusal to

participate in discussions of conditions of

work which otherwise would be permitted by

subparagraph (i), (ii), or (iii); or

‘‘(D) an employer establishes or maintains

an entity authorized by subparagraph (i),

(ii), or (iii) which discusses conditions of

work of employees who are represented

under section 9 of the Act without first engaging in the collective bargaining required

by the Act: Provided further, That individuals

who participate in an entity established pursuant to subparagraph (i), (ii), or (iii) shall

not be deemed to be supervisors or managers

by virtue of such participation.’’.

It was decided in the Yeas ....... 204 ! negative ....................... Nays ...... 221

T121.17 [Roll No. 688]

AYES—204

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Boehlert

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chabot

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Duncan

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Forbes

Ford

Fox

Frank (MA)

Frisa

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Hoke

Holden

Houghton

Hoyer

Jackson-Lee

Jacobs

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

King

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

LoBiondo

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McDermott

McHale

McHugh

McKinney

McNulty

Meehan

Meek

Metcalf

Mfume

Miller (CA)

Mineta

Minge

Mink

Mollohan

Moran

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (FL)

Peterson (MN)

Pickett

Pomeroy

Poshard

Quinn

Rahall

Rangel

Reed

Regula

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Scott

Serrano

Sisisky

Skaggs

Skelton

Slaughter

Smith (NJ)

Spratt

Stark

Stockman

Stokes

Studds

Stupak

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Velazquez

Vento

Visclosky

Walsh

Ward

Waters

Watt (NC)

Waxman

Weldon (PA)

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

Young (AK)

NOES—221

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilirakis

Bliley

Blute

Boehner

Bonilla

Bono

Brownback

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)